Friday, September 28, 2007

Mike Vick is a genius

Mike Vick might just be so stupid he's brilliant. It seems that by getting caught smoking pot, Vick may have actually reduced his future jail time.

The obvious question here is - what the hell are you talking about?

The guy who runs Derrich.com heard a guy on a San Antonio radio show say that there is an obscure federal legal loophole that Vick might be able to take advantage of by having tested positive for marijuana.

Here is how Vick can reduce his jail time according to Derrich:

By taking advantage of an obscure Federal Bureau of Prisons (B.O.P.) Rotational/Developmental Assignment Program (R.D.A.P.) loophole — 18 U.S.C. 3621 — Vick could possibly reduce his sentence by one year. This documented instance of substance abuse apparently qualifies Vick for this reduction upon completion of a treatment program.

And here's what the statute says:

Period of custody — The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve.

According to the owner of American Prison Consultants - which is a somewhat seedy looking site, but specializes in reducing the jail time of white collar criminals - this is not BS. Here's what he said:

"If you can show you had a substance abuse issue 1 year prior to entering custody you can get UP TO A YEAR knocked off your federal sentence."

A couple of lawyers we know also vouched for this potential outcome. And strangely, killing dogs is not considered a violent offense. The APC guy also said that 6 months of prison time can be served in a half-way house - which is much, much better than being in prison.

Vick could qualify for this loophole because he failed his recent drug test. Of course now the question is did Vick actually smoke pot on purpose? I'd like to think Ron Mexico spent many a night buried in the Harvard Law library looking for this loophole, but I doubt it. Maybe he just has the greatest legal team in history, but that seems unlikely as well.

If the judge is lenient (which might be less likely now considering the positive marijuana test) and Vick is sentenced to a year and a half in jail, he might never actually set foot in prison and only spend 6 months in a half-way house.

All I know is if I ever have to plead guilty to a federal crime, I'm going to puff a huge doobie in the court room as I plead out.

Of course, Vick still has to worry about state charges, but hey, he's one step closer to his triumphant return to the NFL.

Photo courtesy of KSK and The Onion.

-WCK

24 comments:

Anonymous said...

Thanks for the link love. If this works for MV, I'd be amazed.

Kevin Hayward said...

It's a good think the lawyer didn't get caught with the stuff on the way to Vick's house.

Mac G said...

So half of our jails are filled with non violent drug offenders but somehow smoking pot before going to jail can get you out quicker? Too bad most normal citizens would have their bail revoked and be back in the pokey, faster than you can spark a bong.

Jarrett said...

Hopefully, Gooddell doesn't read this post and decide to go Megatron on Vick as a result of the loophole.

Anonymous said...

He may actually get zero time off because the Federal Bureau of Prisons will not even put you in the program unless you get at least a 30 month sentence, and the
program takes 9 months to complete.

Larry Levine
Owner - www.americanprisonconsultants.com

Unknown said...

doesn't being involved in an operation that killed dogs as well as fought dogs to their deaths qualify as a violent crime?

you mentioned how this only applies to non-violent offenses?

just wonderin...

Anonymous said...

According to 18 USC 3621(e), those with crimes of violence are not eligible to receive any time off. That includes past violence and spousal abuse as well. But I don't believe there's any relevant case law applicable to animals.

Larry Levine
Owner-www.americanprisonconsultants.com

Chris Richardson said...

brilliant. Stumbled.

Anonymous said...

In PEnnsylvania, where I live, they actually have a program for drug users, where they enter a program called drug court which allows them to work through a conditional release program and attend drug rehab instead of going to prison. you have to prove you are an addict. But people have to stay in this program for up to ten years sometimes with zero tolerance, so you would have to decide, give up your pot for ten years, or do the 3 years in prison type thing. If you get caught with drugs their time gets revocated and they end up refacing their original charges and get sentenced to maximum time.

Anonymous said...

Whoever wrote this fucking waste of an article should be hauled in front of the town and have his head sliced off while his kids watch. Since the verdict is out as of today how did your theory work out? Not well huh? Next time you THINK you are writing do the world a favour and go back to your mindless 'other' job. You're a fucking insult to the media as is this pos blog and the articles. WCK please go die!

Anonymous said...

With respect to the previous poster, what are you talking about? Step 1: sentencing. Step 2: Rehab. Step 3: Reduced sentence. Step 4: profit. We're only on step 1.

Anonymous said...

You must be psychic because this is happening now. (Check out ESPN or AJC). And for the anonymous guy 2 comments above, I bet you feel real stupid right now!!

Anonymous said...

So now its reported that Vick was transferred to Leavenworth specifically for the drug program. Apparently the length of your sentence is not a hard and fast rule on qualifying for it.

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